Family Law Questions? Ask a Family Lawyer Online.
HelloI am sorry that your son had to experience this incident.There are two types of the joint custody under Michigan law.1 - JOINT LEGAL CUSTODY: Joint legal custody means that parents share decision-making authority as to the important decisions affecting the welfare of the child. Joint custody does not depend on the amount of time the child is with each parent AND
2 - JOINT PHYSICAL CUSTODY: Means that there will be specific times when each parent will have the child with them. However, it does not mean the parents will necessarily share decision-making authority unless the judge also has ordered joint legal custody.If you have been awarded only Joint Physical custody then you would not have a say in the decision making. You would need to file a Modification and request that you also be awarded the joint Legal or Sole Legal custody. And you could use this incident as a basis, but it would be helpful to your case if you could show other examples.
You can file a Modification on your own, and the clerk of the court should have the forms. If not, you would want to ask for a legal form book so you can locate the Modification pleading, draft it and file it.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.
in terms of the circumstances, is it a viable/legitimate reason to approach the court with?
I suggest it is more something you want to keep in a log and try to gather more than one incident. But that decision is yours. In my experience, it takes more than one such incident of this type.